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Ordinance 2004-18ORDINANCE NO. 04-~ AN ORDINANCE OP THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 91-102;. AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT iii. CODE TO AMEND OFFICIAL ZONING ATLAS MAP NUMBER 8521S; BY CHANGING THE ZONING CLASSIFICATION OF TH HEREIN DESCRIBED SUBJECT PROPERTY FROM "PLANNEDi UNIT DEVELOPMENT" (PUD) TO PUD FOR A PROJECT KNOWN~. AS ST. JOHN THE EVANGELIST CATHOLIC CHURCH, LOCATED AT 625 IllTH AVE NORTH, IN SECTION 21, TOWNSHIP SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 14.89+ ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bishop John J. Nevins, of the Roman Catholic Diocese of Venice, represented by Michael R. Fernandez, AICP, of Planning Development, Inc., has petitioned the Board of County Commissioners, in petition number PUDZ-2003-AR-3764, to change the zoning classification of the herein described real property. NOW, THEREFORE, E IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 21, Township 48 South, Range 25 East, Collier County, Florida, is changed from PUD to Community Facilities PUD in accordance with the St. John the Evangelist Catholic Church PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8521 S, as described in Ordinance Number 91-102, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~rl~ day of .~/~r"~,~ ,2004. ATTEST: D WIG. I4i'~,, ~BI~.QC~,CLERK ~ ~ - ~ ,7 , -,~ " ,,, Approvefl~t~ and Legal Sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed wlth the~ and ac~wl~ge~ ,~f that filina receiv~ ~is ~ day PUDZ-2003 -AR-3764/K D/lo Attachment: Exhibit A, PUD Document ST. JOHN THE EVANGELIST A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING ST. JOHN THE EVANGELIST, A PLANNED UNiT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: John J. Nevins, Bishop of the Diocese of Venice c/o St. John the Evangelist Catholic Church 625 111th Avenue North Naples, Florida 34108 Amendment Text Prepared By: Michael R. Fernandez, AICP of Planning Development Incorporated 5133 Castello Drive, Suite 2, Naples, Florida, 34103 239 / 263-6934 239 / 263-6981 lax PDI MRF @ AOL.COM DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL ORIGINAL DOCUMENT DATE PUD AMENDMENT DOCUMENT DATE 12.20.99 11.24.03 PUD Exhibit "A" TABLE OF CONTENTS SECTION PAGE SECTION I STATEMENT OF COMPLIANCE SECTION I1 PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE SECTION 111 STATEMENT AND INTENT AND PROJECT DESCRIPTION SECTION IV GENERAL DEVELOPMENT REQUIREMENTS SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS SECTION VI PRESERVATION AND ENVIRONMENTAL STANDARDS SECTION VII TRANSPORTATION SECTION VIII UTILITIES AND ENGINEERING REQUIREMENTS SECTION IX WATER MANAGEMENT REQUIREMENTS SECTION X OTHER DEVELOPMENT COMMITMENTS / STANDARDS 1-1 through 1-2 3-1 4-1 through 4-2 5-1 through 5-3 6-1 through 6-2 7-1 8-1 9-1 10-1 LIST OF EXHIBITS / ATTACHMENTS ATTACHMENT A ATTACHMENT B PUD Master Plan Legal Description SECTION I STATEMENT OF COMPLIANCE The subject property is approximately 14.89 _ acres, and is located in Section 21, Township 48 South, Range 25 East, Collier County, Florida. The development of this property as a Planned Unit Development, to be known as St. John the Evangelist Catholic Church, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan- GMP. The proposed development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the Growth Management Plan for the following reasons: 1.1 The subject property is located within the Urban - Mixed Use District, Urban Residential Subdistrict Land Use designation as identified in the Collier County Future Land Use Map of the GMP. Objective 1 of the Future Land Use Element (FLUE) of the GMP requires new or revised uses of land to be consistent with the designations outlined on the Future Land Use Map. FLUE Policy 5.1 requires the rezoning to be consistent with the Collier County Growth Management Plan. FLUE Policy 5.2 requires proposed developments to be reviewed for compliance with the FLUE and GMP. All GMP objectives and policies require the proposed rezoning to be located in the appropriate land use category and assessed for comprehensive plan consistency. 1.2 The Urban - Mixed Use District is intended to accommodate a variety of residential land uses and also allows certain industrial and commercial uses. The Urban Residential Subdistrict designation includes both residential and non-residential land uses and also allows community facility uses, such as churches and schools, child care centers, and open space uses. 1.3 The proposed development consists of a complementary range of community facilities, including a church auditorium, religious education facilities, school, and recreation facility, day care, adult day care. 1.4 The project shall be in compliance with all applicable County regulations, including the Growth Management Plan. 1.5 The project will be served by a full range of services and utilities provided by the County. 1.6 The project will be compatible and complementary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the proposed development standards contained herein. 1-1 1.7 The Planned Unit Development includes open spaCes, natural features and lakes, which will serve to enhance the project and improve its compatibility to surrounding properties and land uses. 1.8 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 1-2 2.1 2.2 2.3 2.4 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE PROPERTY OWNERSHIP This project, comprising 14.89 _+ acres, is owned by John J. Nevins, Bishop of the Diocese of Venice, Florida, 1000 Pinebrook Road, Venice, Florida, 34292. LEGAL DESCRIPTION This project is described in "Attachment B". GENERAL DESCRIPTION OF PROPERTY AREA A. Bo The project site is located in the south half of Section 21, Township 48 South, Range 25 East, approximately 1/4 mile east of Vanderbilt Drive (C.R. 901). The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. SHORT TITLE This Ordinance shall be known and cited as the "St. John the Evangelist Planned Unit Development Ordinance." 2-1 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the church's intention to establish a Planned Unit Development meeting requirements as set forth in the Collier County Land Development Code (LDC). 3.2 PROJECT DESCRIPTION The project is comprised of 14.89 +_ acres. Access to the site is provided from 111t~ Avenue North and a shared access driveway with the North Naples Elementary School and the adjacent cemetery. The project will provide a selected range of facilities which will include a health and fitness center, a parish life center, and adult day care facility, maintenance buildings, a memorial garden, pre-school and recreational facilities, and classrooms which will be necessary and complementary to the principal use of the site. 3.3 PLAN APPROVAL The location of the land uses are shown on the PUD Conceptual Master Plan. Changes and variations in building location shall be permitted via Site Development Plan approval in accordance with Division 3.3 of the Land Development Code. Changes and variations in building tracts may be permitted during Site Development Plan approval, if, at the discretion of the County Manager, or his designee, such changes and variations are in conformance with the substantive and procedural requirements of Collier County. 3.4 LAND USE PLAN AND PROJECT PHASING The PUD Master Plan contains one (1) development tract consisting of an existing sanctuary, an existing parish life center and memorial garden as well as existing parking areas and access drives. Future development includes a parish adult day care facility, a parish health and fitness center, children's day care center, and a music rehearsal hall and classrooms. The phasing of future accessory uses will be determined based on the availability of need and funding. 3-1 SECTION IV 4.1 PURPOSE GENERAL DEVELOPMENT REGULATIONS 4.2 The purpose of this section is to set forth the development regulations, that apply to the development and use of the St. John the Evangelist Catholic Church PUD and Master. Plan. GENERAL 4.3 The following are general provisions applicable to the PUD Master Plan: mo Regulations for the development of the St. John the Evangelist PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of building permit application. Should these regulations herein or on this PUD's associated Master Plan fail to provide, list or depict specific development standards, then the provisions of the most similar zoning district of the LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Development permitted by this approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15, Adequate Public Facilities of the LDC at the earliest to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4-1 4.4 EASEMENTS FOR UTILITIES 4.5 Easements, where required, shall be provided for water management areas, utilities, and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. AMENDMENTS TO THE ORDINANCE 4.6 4.7 Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. PROJECT PLAN APPROVAL REQUIREMENTS Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. HISTORICAL / ARCHAEOLOGICAl. Pursuant to Section 2.2.25.8. i of the Land Development Code, if during the course of site clearing, excavation, or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4-2 5.1 5.2 5.3 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS pURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the St. John the Evangelist Catholic Church PUD designated on Attachment "A," Conceptual PUD Master Plan. GENERAL DESCRIPTION Development areas as shown on the PUD Master Plan are designed to accommodate a full range of principal uses, essential services~ and accessory uses. Actual acreages of all development areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. All development areas are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No other building or structure, or part thereof, shall be erected, altered or used, or any land used or developed, in whole or in part, for other than the following uses: Principal Uses: 1. House of Worship B. Accessory_ Uses: 2. 3. 4. 5. 6. A parish life center for use by members of the congregation School, private A parish health and fitness center A parish Adult and children's day care center Facilities for maintenance and storage supporting onsite uses Swimming pools and open space for recreation, boardwalks, nature trails, picnic areas, playgrounds, and fitness trails Any other comparable accessory use as determined by the Collier County Planning Services Director to be compatible with on-site and adjacent development Preserve and conservation areas 5-1 C. Minimum Setback Standards for the Permitted Uses and Accessory Uses 1 through 7 Listed Do Eo Go Ho in this Section: 1. Rear Yard: 2. Side Yard: 3. Front Yard: 4. Minimum Distance Between Buildings: 5. o twenty five (25) feet fifteen (15) feet fifty (50) feet fifteen (15) feet Setbacks shall be twenty-five (25) feet along the property boundary abutting the North Shore Lake Villas PUD. Building Setback from Lake: twenty (20) feet Setback from Upland Preservation Areas: twenty-five (25} feet for principal structures and ten (10) feet for accessory structures within the Future Building Footprint Area depicted on the PUD Master Plan. For other structures, setbacks shall be in accordance with that shown on the PUD Master Plan. Maximum Building Height: Forty five (45) feet will be the maximum height of any building on this property, not including appurtenances typically associated with houses of worship, such as bell towers and flagpoles, as set forth in Section 2.6.3 of the Land Development Code. Parking Requirements: Development of parking areas shall comply with Division 2.3, Off-Street Parking and Loading, of the Land Development Code in effect at the time of Site Development Plan or building permit application, as may be applicable. Accessory Structures: Except for temporary construction site offices, all accessory structure(s) must not be constructed before construction of the corresponding principal structure(s). Lighting: Lighting shall be located so that no light is aimed directly toward an off-site property used for residential purposes, which is located within two hundred (200) feet of the light source. Perimeter Landscape Buffers: South (111th Avenue): West (Cemetery): West (North Shore Villas): 10 Ft. Width LDC Type D 10 Ft. Width LDC Type A 15 Ft. Width LDC Type B 5-2 North (Golf Course): East (School): East (Vanderbilt Lakes Residential): 10 Ft. Width LDC Type A 10 Ft. Width LDC Type A 10 Ft. Width LDC Type B The church parcel must be upgraded to these standards concurrently with the earliest expansion of the church or associated accessory use undertaken after the date of adoption of this amendment requirement. 5-3 SECTION VI PRESERVATION AND ENVIRONMENTAL STANDARDS 6.1 PURPOSE The purpose of this section is to set forth the environmental commitments of the Church. Fifteen (15%) percent of the project area, equal to 2.23 acres, shall be preserved and or mitigated within the subject parcel in accordance with Section 3.9.'5.5.4 of the Collier County Land Development Code. Minimum width of Preservation Mitigation along the perimeter of the project, shall be 10 feet. Minimum width of Preservation/Retained Native Vegetation shall be as shown on the PUD Master Plan or in accordance with LDC Section 3.9.5.5.6. Preservation mitigation may include areas of LDC required landscaping and perimeter buffers provided. This is a deviation from LDC Section 3.9.2.a which requires a minimum width of 20 feet and an average of 30 feet for preserve areas within parcels of less than 20 acres. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. Do An exotic vegetation removal, monitoring and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation area, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above mentioned plan. Eo An updated gopher tortoise survey shall be required at the time of next development order submittal. If gopher tortoises are found on site, a gopher tortoise relocation/management plan, shall be submitted to the Environmental Services Department for review and approval. The approved language for the relocation/management plan shall be included on the Site Development Plan. A preserve management plan shall be submitted for review and approval at the time of next development order submittal. 6-1 Go A Special Gopher Tortoise Relocation Permit was issued by the FFWCC in July 2003 for the subject property for the relocation of two (2) gopher tortoises. A preservation area of 0.82 acres has been established and the tortoises have been relocated to the preserve area which is identified on the PUD Master Plan. 6-2 SECTION VII 7.1 PURPOSE TRANSPORTATION REQUIREMENTS 7.2 7.3 7.4 7.5 7.6 The purpose of this Section is to set forth the transportation commitments of the Church. The Church shall provide arterial street lighting at the project entrance. Sai.d lighting shall be in place prior to the issuance of any Certificate of Occupancy. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. All traffic control devices shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy as they may be amended. Median access and control shall remain under County control. An eastbound turn lane with an overall length of 300 + feet shall be provided prior to the issuance of the certificate of occupancy for the Music Rehearsal Hall and Classroom accessory use addition. However, this construction deadline may be deferred by Collier County Transportation Staff in order to schedule public roadway improvements during the on-peak traffic use season. The church shall continues to provide traffic control at the main project entry by law enforcement or a law enforcement approved service provider for well attended Sunday Masses and other periods and events of significant traffic generation. 7-1 SECTION VIII UTILITIES AND ENGINEERING REQUIREMENTS 8.1 PURPOSE The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.2 PURPOSE Ao Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. Bo All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 8.3 ENGINEERING mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Co The Church and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other application that may result in the issuance of a final or final development order. Prior to Final Site Development Plan approval a right-of-way permit shall be obtained if required. 8-1 9.1 PURPOSE SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. This project must obtain a South Florida Water Management District Surface Water Management Permit prior to Site Development Plan Approval. 9-1 10.1 SIGNS SECTION X OTHER DEVELOPMENT COMMITMENTS / STANDARDS 10.2 All signs shall be in accordance with Division 2.5 of the Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 10-1 · ],1 . , --- ~: '~,,, ~ ..,?::~' ....... - !~~ ~~ PUD ATTACHMENT ATTACHMENT B LEGAL DESCRIPTION A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE RUN S89°51'54"E, ALONG THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 1342.67 FEET TO THE SOUTHEAST CORNER OF THE WEST ½ OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE RUN NO 1 °52'38"W ALONG THE EASTERLY LINE OF SAID WEST ~A OF THE SOUTHWEST 1/4 FOR A DISTANCE OF 40.03 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF 111TM AVENUE NORTH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF .THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NO 1 °52'38"W ALONG SAID EASTERLY LINE FOR A DISTANCE OF 1390.27 FEET; THENCE RUN S89°51'54"E ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 470.98 FEET; THENCE RUN S01°31'59"E ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 1390.00 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF 111 va AVENUE NORTH; THENCE RUN N89°51'54"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 462.63 FEET TO THE POINT OF BEGINNING. CONTAINING 14.89 ACRES, MORE OR LESS. RECEIVED SEP I 9 1103 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-18 Which was adopted by the Board of County Commissioners on the 23rd day of March, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day Of March, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Soa~ County ^ ~ .~ ..-